Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ramsay Health Care Australia Pty Limited v Compton [2016] FCAFC 125 Appeal from: Application for extension of time and leave to appeal: Ramsay Health Care Australia Pty Limited v Compton (No 2) [2016] FCA 691
File number: NSD 1385 of 2016
Judge: RARES, GLEESON AND MARKOVIC JJ
Date of judgment: 26 August 2016
Catchwords: BANKRUPTCY – creditor's petition – Bankruptcy Act 1966 (Cth) – where due to inadvertence of solicitor no order made extending time before petition lapsed under s 52(4) due to expiry of 12 months from date of presentation – where order made under slip rule extending time before which petition lapsed by three months and granting liberty to apply to seek further extension – where s 52(5) provided any extension be made before expiry of 12 months from presentation for a period exceeding 12 months and not exceeding 24 months –whether slip rule permitted extension of petition following expiration of initial statutory time limit of 12 months PRACTICE AND PROCEDURE – slip rule – whether further one or more orders could be made after petition had lapsed under s 52(5) of Bankruptcy Act 1966 extending period before which creditor's petition lapsed – whether slip rule provided power to extend petition from date of error even though no power to make order for an extension of time under s 52(5) after petition lapsed – whether use of slip rule corrected an accidental slip or omission or determined substance of result
Legislation: Bankruptcy Act 1966 (Cth) ss 33, 44, 52 Federal Court Rules 2011 r 39.05
Cases cited: Burrell v The Queen (2008) 238 CLR 218 Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106 David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 Grant Samuel Corporate Finance Pty Limited v Fletcher (2015) 254 CLR 477 L. Shaddock and Associates Pty Ltd v Parramatta City Council [No 2] (1982) 151 CLR 590 Purden Pty Ltd v Registrar in Bankruptcy (1982) 64 FLR 306 Ramsay Health Care Australia Pty Ltd v Compton (No 3) [2016] FCA 954 Re Svir; Ex parte Commissioner of Taxation (1998) 83 FCR 314 Re Young; Ex parte Smith (1985) 5 FCR 204
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